How can I be sure my mom's wishes are carried out if I don't have POA?

Fullytilted asked...

My mom has passed away and my brother has retained an attorney. His attorney has sent me a letter telling me my brother is in control of my moms living trust. How can I be sure my mom's wishes will be carried out properly?

Expert Answer

Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City and KRLA in Los Angeles. He is a practicing lawyer specializing in estate planning and is admitted to practice before the United States Supreme Court. He's a public speaker and commentator who has appeared on many radio and television shows throughout the country, and he's the legal editor of Talkers magazine, the preeminent trade publication of talk radio. His latest book is The Truth About Avoiding Scams.

Trusts can be complicated matters that may be difficult for the layman to understand as to the obligations and powers of the trustee as well as the discretion and duties of the trustee. Your best course of action is to retain a lawyer on you own behalf to look at the trust for you to provide you with an unbiased analysis of what you can expect as well as what financial accounting will you entitled to from the trustee.